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HomeMy WebLinkAboutCC RES 90-019 RESOLUTION APPROVING THE LEASE BETWEEN THE CITY OF ST. ANTHONY VILLAGE SPORTS BOOSTERS, INC. AND AUTHORIZING THE MAYOR PRO TEM AND CITY MANAGER TO EXECUTE SAID LEASE Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103669 Box: 26 Folder: RES 1990 Document: CC RES 90-019 RESOLUTION APPROVING THE LEASE BETWEEN THE CITY OF ST. ANTHONY VILLAGE SPORTS BOOSTERS, INC. AND AUTHORIZING THE MAYOR PRO TEM AND CIN MANAGER TO EXECUTE SAID LEASE • RESOLUTION 90-019 A RESOLUTION APPROVING THE LEASE BETWEEN THE CITY OF ST. ANTHONY AND THE ST. ANTHONY VILLAGE SPORTS BOOSTERS, INC. AND AUTHORIZING THE MAYOR PRO TEM AND CITY MANAGER TO EXECUTE SAID LEASE WHEREAS, the City of St. Anthony and the St. Anthony Village Sports Boosters, Inc. (a non-profit corporation) desire to enter into a Lease for Space in the Stonehouse Bar and Lounge (a municipal facility) to be used for the sale of pull tabs by the St. Anthony Village Sports Boosters, Inc. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Lease between the City and the St. Anthony • Village Sports Boosters, Inc. and authorizes the Mayor Pro Tem and City Manager to execute said Lease. Adopted this day of—April 1990. Mayor Pro Tem ATTEST: 2J City Cler Reviewed for administration: ity Manager • r • 1517g LEASE This Lease is entered into as of 4r; ( In 1990, between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota ( the "City" ) and ST. ANTHONY VILLAGE SPORTS BOOSTERS, INC. , a Minnesota non-profit corporation ( "Tenant" ) . 1. Definitions. In this Lease: (a) "Lounge" means the on-sale liquor establishment operated by the City at the "Stonehouse" facility in St. Anthony, Minnesota. (b) "Lease Space" means the space in the Stonehouse Lounge shown crosshatched on the drawing attached to this Lease as Exhibit A. (c) "Monthly Rent" means $600000 per month. (d) "Term" means a period of 12 months from the effective • date of the State charitable gambling license issued to Tenant for the Leased Space, as such Term may be renewed pursuant to Section 17 of this Lease. The City or Tenant will have the right to terminate this Lease upon 30 days ' written notice to the other. (e) "Commencement Date" means the first day of the Term. ( f) "Normal Business Hours" means the normal hours of operation for the Lounge. (g) "Casualty" means fire, explosion, tornado, or other cause of damage to or destruction of the Lounge. (h) "Taking" means acquisition by a public authority having the power of eminent domain of all or part of the Lounge by condemnation or conveyance in lieu of condemnation. 2. Premises. The City leases the Leased Space to Tenant, and Tenant leases the Leased Space from the City, for the Term, under the terms and conditions of this Lease. • • 3 ' . Tenant will pay the Monthly Rent to the City at 3301 Silver Lake Road, St. Anthony, Minnesota 55418, or such other place as the City may designate, in advance on or before the first day of each month during the Term, without demand, deduction or setoff, except that no Monthly Rent will be required to be paid for the first four months of the Term. If the Term begins on a day other than the first day of a month, the Monthly Rent for the first month for which the Monthly Rent is payable will be prorated by multiplying the Monthly Rent by the number of days of that month included in the Term and dividing the product by the number of days in that month. 4. Possession. If Tenant begins to conduct business in all or any portion of the Leased Space before the Commencement Date, the four-month rent-free period referred to in Section 3 will commence on the date Tenant begins to conduct business in the Leased Space and all other provisions of this Lease will be applicable during that period. 5. Ujg. • Tenant will use the Leased Space for lawful gambling other than bingo, conducted under a properly issued State license in accordance with State law and in accordance with applicable ordinances of the City of St . Anthony, and for no other purposes . Tenant will not commit or permit any act or omission which results in the violation of any law, governmental regulation, or insurance policy of the City, relating to the Lounge, or which will increase the City' s insurance rates on the Lounge. Tenant will not permit any conduct or condition which may unduly -disturb or endanger other occupants of the Lounge. 6. Care of Premises. Tenant will keep the Leased Space in as good condition and repair as they were in at the time possession of the Leased Space is tendered to Tenant, except for ordinary wear and damage from fire or other casualty beyond Tenant ' s control . Tenant will provide a suitable container for persons to discard their used pull tabs and will use reasonable efforts to keep the container and the Lounge free of used pull tabs . and other refuse related to Tenant' s lawful gambling operations . • -2- t • 7 . Signs. Tenant will not place or permit any signs on the exterior or windows of the Lounge, or within the Lounge, without the City' s prior written consent. 8. Alterations . Tenant accepts the Leased Space in its present condition and the City will have no obligation to make any repairs or alterations , except to make an electrical outlet available in the Leased Space. Tenant will not make any alterations, additions or improvements in or to the Leased Space without first obtaining the written consent of the City. 9. Utilities and Services . The City will supply heat and air conditioning appropriate to the season during Normal Business Hours . The City will not be liable for any loss or damage resulting from any temporary interruption of these services . 10 . Relocation. • The City may, at its expense, relocate Tenant in substitute space in the Lounge upon 10 days ' written notice to Tenant specifying the effective date of the relocation. 11 . Assumption of Risks. Tenant assumes all risk of loss or damage of Tenant ' s property within the Leased Space, including any loss or damage caused by water leakage, fire, windstorm, explosion, theft, or other cause. The City will not be liable to Tenant, or those claiming through Tenant, for injury, death or property damage or loss occurring in the Leased Space. 12. Indemnification and Insurance. Tenant will indemnify the City and its Councilmembers, City • Manager, Liquor Manager, and all officers, agents and employees against all claims, demands and actions, and all related costs and expenses (including attorneys ' fees) for injury, death, disability or illness of any person, or damage to, or loss of, property, occurring in the Leased Space or arising out of Tenant' s use of the Leased Space, except to the extent caused by the willful misconduct or negligence of the City or someone acting on its behalf. • -3- • Tenant will obtain and maintain comprehensive public liability insurance, at its expense, insuring its activities in the Lounge. Prior to Tenant' s occupancy of the Leased Space, Tenant will deliver the liability insurance policy or a certificate by the insurer showing the coverage to be in effect with premiums paid. 13 . Assignment and Subletting. Tenant may not transfer, assign, or mortgage this Lease or any interest of Tenant under this Lease or sublet the Leased Space or any part of the Leased Space, without the City' s prior written consent, and this Lease will not be assignable by operation of law without the City' s written consent. 14 . Damaae or Destruction If the Lounge is damaged by Casualty, the damage (excluding damage to improvements paid for by Tenant or trade fixtures, equipment or personal property of Tenant) will be repaired by the City at its expense to a condition as near as reasonably possible to the condition prior to the Casualty, or the City may terminate this Lease as of the date of the Casualty by giving written notice to Tenant . If this Lease is terminated because of the Casualty, rents and other payments will be prorated as of the termination and will be proportionately refunded to Tenant or paid to the City, as the case may be. During any period in which the Leased Space or any portion of the Leased Space is made untenantable as a result of the Casualty, the Monthly Rent will be abated for the period of time untenantable. 15. Eminent Domain. If there i-s a Taking of any of the Leased Space, either party may terminate this Lease as of the date the public authority takes possession, by written notice to the other party, in which case any rents and other payments will be prorated as of the termination. All damages, awards and payments for the Taking will belong to the City irrespective of the basis upon which they were made or awarded, except that Tenant will be entitled to any amounts separately paid for Tenant' s trade fixtures or equipment or as a relocation payment or allowance. 16. Defaults. If (a) Tenant defaults in the payment of rent or other amounts under this Lease and the default continues for 10 days after • -4- • written notice by the City to Tenant, (b) Tenant defaults in any other obligation under this Lease and the default continues for 30 days after written notice by the City to Tenant, (c) Tenant' s license for lawful gambling expires or is terminated or revoked, (d) any proceeding is begun by or against Tenant to subject the assets of Tenant to any bankruptcy or insolvency law or for an appointment of a receiver of Tenant or for any of Tenant ' s assets, or (e) Tenant makes a general assignment of Tenant ' s assets for the benefit of creditors, then the City may, with or without terminating this Lease, cure the default and charge Tenant all costs and expenses of doing so, and the City also may re-enter the Leased Space, remove all persons and property, and regain possession of the Leased Space, without waiver or loss of any of the City' s rights under this Lease, including the City' s right to payment of Monthly Rent. The City also may terminate this Lease as to all future rights of Tenant. 17. Renewal . Tenant may extend the Term of this Lease for additional 12-month periods, subject to the following conditions : (a) Tenant will obtain an extension or renewal of the State charitable gambling license issued to Tenant for • the Leased Space. (b) Tenant will apply to the City for an extension of the Term at least 45 days prior to expiration of the Term. (c) At the time the Tenant applies for the extension, and at the time of commencement of the extension, Tenant will not be in default under the Lease. (d) The Lease will be extended only if the City Council determines that Tenant has complied with the requirements of this Lease and any laws, ordinances and regulations regarding the use of the Leased Space, and that it is in the City' s best interest to extend the Term. (f) There have been no changes in the laws, ordinances or regulations pertaining to charitable gambling which would have a material affect on the use of the Leased Space. (g) The extended Term will be on the same terms, covenants and conditions as set forth in this Lease, except to the extent of any modifications agreed to by the City and Tenant . • -5- • 18 . Return of Possession to the City. On expiration of the Term or sooner termination of this Lease, Tenant will return possession of the Lease Space to the City, without notice from the City, in good order and condition, except for ordinary wear and damage, destruction or conditions Tenant is not required to remedy under this Lease. Tenant will remove its booth and equipment, and will repair any damage to the Premises resulting from such removal, on or before the termination of this Lease. If Tenant does not return possession of the Leased Space to the City, Tenant will pay the City all resulting damages the City may suffer. Any property left in the Leased Space after expiration or termination of this Lease or after abandonment of the Leased Space will be deemed abandoned by Tenant ( in accordance with Minnesota Statutes) and will be the property of the City to dispose of as the City chooses . 19 . Notices . Any notice under this Lease will be in writing, and will be sent by prepaid certified mail, addressed to Tenant at: St. Anthony Village Sports Boosters, Inc. and to the City at 3301 Silver Lake Road, St. Anthony, Minnesota 55418 or to such other address as is designated in a notice given under this Section. A notice will be deemed given on the date of first attempted delivery. The City and Tenant have executed this Lease to be effective as of the date stated in the first paragraph of this Lease. The City: CITY OF ST. ANTHONY BY Its Mayor Pro-Tem- And roTemAnd It C' ty Manager -6- • • Tenant: ST. ANTHONY VILLAGE SPORTS BOOSTERS, INC. r BY I s President And Its Secretary • -7- • • EXHIBIT A STONEHOUSE LOUNGE (Attach drawing with Leased Space crosshatched) ohec�, I\t0 Qy c 2 Z � � a • t . �